tv [untitled] July 24, 2012 3:00pm-3:30pm PDT
and the recreation and parks department for $100,000 filed 1914. i am 40 is the resolution approving a settlement of the on the litigated claim filed against the city. president chiu: item 41? >> item 41 is the motion approving the mayor's deployment of -- appointment of ann lazarus. president chiu: i understand item 42 was not sent to the board. if we could move to item 43. >> item 43 was considered at -- was awarded to the board --
supervisor this item was heard yesterday and enjoyed unanimous support for it to come to the full board of supervisors. this is a long time coming for district four. there are many neighborhood commercial districts across the city, whether we're talking about the inner and outer clement, fillmore, the haight, castro, broadway. the sun set does not have any of them. we wanted to start help that -- to about that committee dictate and provide additional controls. it creates for the first time neighborhood or named neighborhood commercial districts on noriega streets and
it does a couple of other things that allows for additional ground floor height. this has been done in other places that help to make the ground floor retail more attractive. there is also a requirement -- we have required that all uses the active -- that are active. if it is something that is not, we would allow for a process for conditional use, planning process to go forward. we have thought a lot about the efforts around sf [inaudible] and small business is trying to create additional business opportunities and figure out the best way to move forward in business models. looking at the empty
storefronts we have, how is it that we can encourage more of these businesses to locate in our neighborhood commercial areas? when we thought about doing that was to amend the definition of trade shop. trade shops exists already in all named areas or mc districts. what we did remove and what we tried to do was create more flexibility about how trade shops could operate. right now there is a limitation on any trade shops that have mechanical equipment. to relax that to allow for two- thirds of the space to be open and available for mechanical equipment. we wanted to remove a hp limitation just so right now there is a 5 horsepower limitations. a blender is one horsepower. there is a limitation on that. we were very cognizant of wanting to make sure as we relax these measures that we had control to mitigate content --
potential issues with noise arsenals. one thing we did do as a result of public comment is we added language in their that does regulate for noise, water, and garbage. we had some comments about whether we could do more to regulate for vibration and that is something we want to look at 3 storelli legislation. that is something we did discuss during the land use committee and we're committed to do -- vibration control exists for entertainment situations. we wanted to think about it before we applied it to trade shops. this would create a significant wholesale or manufacturing use in a place that is not appropriate and that is not what we're trying to get out. for a trade schaub, you can exist within a facility that is 4000 square feet or smaller. storelli for large manufacturing entity, they would not be moving into a business of
that size or location of that size. we did go through a number of different channels to make sure we are vetting the process. planning also recommended it with modifications. we have adopted many of the substantive components of their recommendations, the areas where we did not is where they wanted us to consolidate to three named areas as opposed to four but we thought it was important to keep the names together. we have the support of the outer sunset rewachand's association and also the -- merchant's association. kate is support of this legislation. we have reached out to the office of small business to many of our local neighborhoods, small businesses to make sure we were not missing something. i do hope that you can support this legislation in addition to
the benefits it would have for the neighborhood commercial districts in my neighborhood. i think that it creates an exciting opportunity for trade shops to locate across the city. with that, i ask for your support. president chiu: any discussion and? roll-call vote. >> supervisor kim, aye. supervisor mark, aye, supervisor at delonte, aye, supervisor wiener, belotaye. president chiu, aye. supervisor chu, aye. president chiu: this passes on first reading. >> item 45 is an ordinance
amending the planning code to make various clerical autumn -- modifications and item 46 as an ordinance amending the planning code regarding limited commercial uses in residential districts. president chiu: the three pieces of legislation you have in front of you are technical changes to adapt the needs in the northeast neighborhoods and impacting the northeast zoning laws we have on the books. item 46 which is supported by supervisors avalos -- baldy and campos and i want to thank them for other cosponsor ship, it would allow the activation of limited use with -- even if commercial uses have been inactive for three years and allows limited commercial uses on slightly larger corner lots.
item 44 would allow for the conversion of auto service stations on transit corridors without conditional use authorizations and exempt bike parking from ratio calculations and expand bike parking requirements. 45 are a number of clerical modifications to help fix 120 clerical errors and other issues within the planning code related to the northeast areas of town. i do have teterboro small clerical amendments on top of the clear goal modification -- two small clear commitments on top of the modifications. page 24, it should refer to subsection 5. and then on page 39, line 24, that section has been deleted. first, i would like to ask if you could first adopt those amendments.
supervisor campos: can we have a second? seconded by supervisor mar. could we take that without objection? without objection. any comments or questions on items 44 through 46? supervisor olague. supervisor olague: i would like to add my name to a co-sponsor -- as a co-sponsor of 44. supervisor campos: these pass on the first reading. president chiu: what do we go to roll call for -- why do we go to roll call for introduction? supervisor chu, supervisor kim. supervisor kim: i am introducing a resolution to form a citizen's advisory committee for the golden state warriors
arena project. any development they might want to commit to. we are following through with the strong commitment to ensure the committee members who have expressed a small car -- a strong desire to advise and the mayor's office on workforce development and the board of supervisors on this proposed waterfront plan. this calls for a member -- 15 member committee comprised of the majority of residents and small business owners located adjacent to the project as well as representatives from various specific -- of specific expertise such as youth programs, housing and open space, labor, maritime uses, and the environment. the board intends to appoint this in august and we look forward to working closely with the port. the warriors are under a specific time line if they are
open -- able to open this a win in 2017 and that is why we are rushing to form a cac to advise and give feedback on this project. we are putting this resolution force today. the resolution also states our intention to have regular hearings once a month and also that every six months that we would receive a project update from city staff, the warriors, and the cac, so we can hear from the public as well. the rest i submit. >> thank you. supervisor wiener. supervisor wiener: submit. >> thank you. president chiu: on her behalf and per correspondence, the clerk of our board has advised -- is introducing a motion to establish a process in accordance with charter section 15.105 for the misconduct
meetings. the court has provided counsel. the motion will be placed on our adoption without committee reference portion of our agenda next week. where -- we are free to discuss it next week and demand it if we so desire. this outlines the process as follows that is similar to our regular land use appeals. first, the process would begin by providing the ethics commission with an opportunity to make an oral presentation exploiting recommendations and should the commission choose to make such a presentation, it should not exceed 20 minutes. then, the parties would be provided with an opportunity to make oral presentations to the board as follows, first as the charging party, the mayor would go first with a presentation not to exceed 20 minutes. the sheriff will make a presentation not to exceed 20 minutes and the mayor will have an opportunity to respond to the
presentation, not to exceed five minutes, followed by public comment which will then be followed by deliberations by the board and a final decision. with that, i will submit other matters. >> thank you, mr. president. supervisor campos. supervisor campos: thank you and i would like to first shot about a resolution that i am introducing and i would like to thank supervisor olague, of dallas, cohen, and more for their co-sponsor ship. when an immigrant parent is detained on immigration charges for that parent is subsequently deported, very often that parent leaves behind a child in this country and that child tends to be a u.s. citizen. unfortunately for that child, the child is no longer able to see that parent. many times, a family members of
the deported parent including the other parent, him sell for herself would like to take custody but because of the way the law works right now, that family member including the parent of that child is deemed unfit. because of their undocumented status, their immigration status. the sad thing is that when family members are deemed unfit, the court -- courts proceed to determine the child is abandoned. that leads to the termination of parental rights for that parent that has been double -- deported. one in four children is the child of an immigrant. if you look at the numbers, recognize the significance of this issue. the resolution that i am introducing is a resolution that supports two pieces of legislation. california bill sb 1064 and
federal bill h.r. 6128 whose primary objective is to keep families together in these kinds of situations where a parent is placed in an immigration proceeding. these pieces of legislation would do the following. that would make immigration status irrelevant for determining the placement of a child. it makes foreign forms of identification valid in potential proceedings including proceedings that require background checks. it actually extends the hearing time and custody -- in custody cases so that when a parent who is undocumented is deported, the loss of parental rights does not happen as expeditiously as it happens right now. it also creates an agreement
between local governments and foreign consulates to achieve family reunification. at the end of the day, all of us should try to get to resolve that is in the best interest of the child. the legislation provides waivers and certain requirements that deal with the placement of the child. it would also prevent welfare agencies from filing proceedings against the parental rights of the parent. let me give you an example of something that happened in 2007. >>the mother of a child was of guatemalans dissent and had a 7- month-old child. the child's name was carlos. this woman was working at a missouri poultry plant that was then raided by immigration. she was detained on charges of
immigration violation. soon after that detention and after the raid, what happened was her parental rights with respect to carlos were terminated essentially. the child was taken in for some time by a couple that was approached by this mother to see if they could help. the couple without the mother's knowledge proceeded to then six other couples that could adopt the child and in fact, the child was subsequently adopted by another couple in missouri without the knowledge or involvement of this mother. the courts then proceeded to rule that even though this mother was detained in voluntarily, she was deported not by choice, that she legally had abandoned her child.
a long series of proceedings took place but essentially we are today is that the child in question is no longer named carlos. his identity is completely different. this mother who was deported was deemed to have abandoned her child. even though she had no choice in her deportation. that is what this legislation was trying to address. i want to thank my colleagues for their cause sponsorship. the second issue is an important one that we have spent a great deal of time discussing here at the board of supervisors. that is the issue of the health care security ordinance. specifically the loophole that i tried to address to the legislation passed by this board and vetoed by mayor lee. as you may be aware, on july 19 of this year, a few days ago,
the civil grand jury released a report entitled "surcharges in healthy san francisco: healthy for whom?" owners are benefiting by surcharges on restaurant bills. the many -- money is pocketed by many of these businesses. the report calls upon the city and county to disallow the use of surcharges to pay for employer mandates on the health care security ordinance and paid sick leave loss and calls upon the district attorney to begin an investigation of possible consumer fraud by these businesses. the report concludes that a loophole continues with respect to the health and security ordinance in -- and that loophole continues to cause problems for employees attempting to utilize the
healthy reimbursement accounts they are -- a health reimbursement accounts they're entitled to under law. the report found employers retain the vast majority of these funds, the vast majority of funds that were supposed to go to employee health care are pocketed by these employers. the reimbursement -- reimbursement rate for privately administered hra's is lower than the accounts managed by healthy san francisco. employers with two or more have a difficult time navigating the rules, that hra's may be unlawful under the federal affordable care act and the financial incentive to retain unspent funds can be in and of itself a motivating factor for businesses, for employers to restrict employee access to these funds. by having to submit a personal
medical invoices to their employers to be reimbursed, employees are forced to reveal their medical history and current health conditions to their employers. the civil grand jury recommends that the city disallow the employer use of hra's to meet the employee's spending requirement. the purpose of this hearing is to call for a hearing of some of the issues that have been raised by the civil grand jury that expressly says the compromise that was introduced, improve, -- approved, and supported by the members of this board and mayor lee has not closed the loophole. i am asking the question to what extent does the ordinance no. 232-11 which was authored by supervisors cohen and president chiu and signed into
law, the extent to which those amendments to the health care security ordinance actually address the concerns raised by the civil grand jury report and to what extent they fail as the report concludes to actually close the loophole. in addressing this question, i would ask to review the office of labor standard and employment report on the 2011 employee reporting forms and i request that the clerk of the board for this hearing request to the director of the department of public health, the city attorney, and district attorney, and finally, i call upon the district attorney at the request and as was noted by the civil grand jury to begin an investigation of possible fraud against consumers in the city and county of san francisco by businesses that charge money supposedly to pay for health care when in reality, they continue to pocket that money. the last thing i would say it on a different matter is simply ask
respectfully mayor lee and his administration not to continue to pursue this proposal for this idea of stop and frisk. this board has been very clear about the fact that we value and respect the constitution of the united states. at its core, stop and frisk is a proposal that cannot be implemented constitutionally. it is a proposal that on its face and -- requires a definition, the violation of people's constitutional rights. we want to ask the mayor abandon the proposal. the rest submit. >> thank you. supervisor mar. supervisor mar: thank you. some of you know i have been helping to convene and support and build a coalition of students and community members that are supportive of sitting city college. i know that we're meeting tonight at 6:00 p.m. at 350 rhode island to build support
for the process to make sure that we get the college accredited so we do not lose the accreditation that 90,000 students in our city rely on and the community college system is the largest in the state and one of the largest in the nation. i am working closely to make sure that we have the support for the interim chancellor and the trustees of the college board but especially building student and community support for the system. i am introducing a resolution at the board urging support from city and state officials to support our community colleges and especially looking for additional revenue sources. i wanted to let you know that on the imperative agenda will be a resolution i have introduced today to declare july 24, 20 of the 30th anniversary of when this unique small business adhahn clemons street and third avenue.
it is a family owned and operated businesses -- business located in the heart of the inner richmond district at 401 clemons. it has provided a unique experience of having home style food, beverages, pastries, deserts, and i scream served while being surrounded -- ice- cream served while being surrounded with the incredible decoration from the 1950's. some adults try to sit on the mechanical pony. he has been an outstanding advocate. leading the merchants association and championing schools. toy boat has been welcome to me,
but we spend time catching up with our neighbors, eating breakfast and lunch, chatting with friendly staff and also enjoying a hot fudge sundaes with a rainbow sprinkles. i hope you can join us at 6:00 p.m. for the 30th anniversary at to about -- toy boat. i urge you to join us on this imperative item coming up. supervisor olague: i wanted to submit a resolution that would urge the commission of the housing authority to hold its meeting at city hall and broadcast them for greater access trade as some of you know, the housing authority provides housing to approximately 30,000 people and it seems to me most commissions that oversee housing for that number of residents of the city should be accountable to the general public. people should know what decisions they're making.
those decisions have great impact on a large number of residents in the city. i just want to continue to urge the housing authority to seriously consider relocating in order to have their meetings televised and broadcast to insure accountability. i wanted to thank supervisors campos, chu, kim, and mar for cosponsoring that. i will be introducing legislation that would establish a named district along divisadero. we have had a couple of meetings with merchants, we plan to spend most of the august meeting with more merchants and residents. divisadero is establishing itself in a very unique way. it seems that now's the time to start reflecting on how that
district or that street will move forward. some of the considerations that are being given is to rethink a second floor uses and an existing non residential building. we have been -- we have approached sf made in the hopes of bringing in a different employment to bring in art is at all uses -- artisanal uses. they -- in some ways, they have been affected by activity in the mid market area. many of their clients are looking to relocate in other parts of the city. also in the northeast mission industrials down, there is not enough space to accommodate the needs that some of the small
scale manufacturers have. i'm not saying that we will create another manufacturing district in the heart of the nc's but i never find a way, as riser =--- supervisor chu said, making sure they integrate in a respectful way. that some of these uses can be considered. also, we would be establishing some good neighbor policies around liquor store uses and some of those other issues that what i think have a positive impact on public safety. again, we're starting our meetings, we will see how this looks at the end of the day. at least want to start the conversation before the break. those two i will be submitting today. today. >> thank you.